26 March 2015
Letter of Response to the Supreme Court regarding the detention on remand
of Julian Assange
http://www.aklagare.se/In-English/Media/News-in-English1/Letter-of-Response-to-the-Supreme-Court-regarding-the-detention-on-remand-of-Julian-Assange/
Letter of Response to the Supreme Court regarding the detention on remand
of Julian Assange
2015-03-24
The Prosecutor-General is of the opinion that Julian Assange should continue
to be detained in his absence, however would endorse the Supreme Courts
adjudication on the question.
Given the fact that Julian Assange has appealed the detention on remand from
the Svea Court of Appeal, the Prosecutor-General, on request, has submitted
a letter of response to the Supreme Court. In the letter of response, the
Prosecutor-General acknowledges that more than four years have elapsed since
the original detention order. In the way the case has developed, it has come
to contain a number of difficult considerations where different interests
are opposed to each other. It would be valuable if the Supreme Court would
give its view on those considerations. The Supreme Court has not previously
given its view on how to regard a situation where a suspect is detained in
his absence, but the decision cannot be executed.
I would welcome an analysis of the case by the Supreme Court. When
judging whether the detention should remain, we have, on the one hand,
societys and the victims interest for a suspected crime to be
investigated and potentially tried in court, and on the other hand the delay
of the case and Julian Assanges situation at the embassy in London,
says Prosecutor-General Anders Perklev.
Like the District Court and the Court of Appeal, my opinion is that
the arguments for detention still take precedence over the arguments for
setting the detention aside. I support the prosecutors reasoning and
view to await to hold an interview with Julian Assange at the embassy in
London. The question of detention should, however, continuously be reviewed
based on how the matter develops, says Anders Perklev.
Background
In July 2014, the Stockholm District Court decided that Julian Assange should
continue to be detained in his absence for the crimes which he is suspected
of. The Court of Appeal affirmed the District Courts decision in November
2014. Julian Assange has appealed the Court of Appeals decision to
the Supreme Court.
Leave to appeal is required for a case to be heard by the Supreme Court.
As a rule, the Supreme Court requests the Prosecutor-General to provide an
account of his understanding of the case in a letter of response. The court
has, in this case, specifically requested the Prosecutor-Generals view
regarding how the investigation has been carried out to date and regarding
the application of the principle of proportionality.
The Prosecutor-General submits approximately 60 letters of response annually
to the Supreme Court.
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